US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 17.37
Copyright—Damages—Statutory Damages (17 U.S.C. § 504(c))
The plaintiff [name] is entitled to [statutory] damages for each work infringed. In determining [statutory] damages, you may consider the following factors:
the revenue lost by the copyright holder as a result of the infringement;
the profits earned by the defendant [name] as a result of the infringement;
the need to deter future infringement;
the need to penalize the infringer;
the circumstances of the infringement; and
whether the infringement was intentional.
You may not award as statutory damages less than $750, nor more than $30,000 for each work you conclude was infringed.
[However, if you find the infringement was innocent, you may award as little as $200 for each work innocently infringed.]
[However, if you find the infringement was willful, you may award as much as $150,000 for each work willfully infringed.]
[Instruction[s] [insert number of pertinent instruction, e.g., Instruction 17.38 (Copyright—Damages—Innocent Infringement), Instruction 17.39 (Copyright— Damages— Willful Infringement)] will tell you [what constitutes innocent infringement] [and] [what constitutes willful infringement]].
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
07e8eaccfc5223a00758c3eb390a935073d65891158e199f29663c68b979ae5b
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.